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At Williams DeClark Tuschman Co., L.P.A., our Toledo personal injury lawyers are passionate about protecting clients' rights by pursuing the compensation they deserve. We take personal injury and medical malpractice cases very seriously, understanding that when we represent clients, the outcome of their claim has a significant impact on their futures. Our injury attorneys are experienced, dedicated and have proven their abilities to help individuals obtain just compensation so they can move forward.
The state of Ohio follows a modified comparative negligence rule which means that even if you are partially at fault for an accident you can still receive compensation for your injuries. As long as you are not more than fifty percent responsible for the accident, your compensation will simply be reduced the percentage you are deemed responsible for. Don't wait to file your claim, the statute of limitations in the state of Ohio is only two years!Learn More
Common Questions About Personal Injury Claims
When the unexpected happens, and you find yourself injured, you may have many questions. The realm of personal injury law can seem complex and mysterious to those who haven’t experienced it before. At Williams DeClark Tuschman Co., L.P.A., our Toledo personal injury lawyers answer many questions that our injured clients ask. We’ve taken the time to answer some of the most common questions we hear. If you don’t find the answers you’re looking for below, don’t hesitate to get in touch with our firm.
Do I Have A Personal Injury Case?
If you’ve been injured as the result of another person’s negligence, you are entitled to receive compensations. It can be extraordinarily difficult to prove fault in many cases, which is why it is important to schedule a consultation with a personal injury attorney after an accident. They can help you explore your legal options and figure out the best possible direction for your case.
What Is My Case Worth?
It’s difficult to understand the true value of your case without knowing the exact calculations and evaluation methods insurance companies will use to determine the value of your claim. It also is hard to make more than a broad estimate at the start of your case, since there are many factors that can affect the value of your claim. These can include past and future medical bills, rehabilitation expenses, pain and suffering, therapy costs, and lost wages and future income. An experienced attorney can give you an educated guess as to the value of your claim, and refine their estimate with further research.
Will My Case Go to Trial?
Some people would rather not go through the lengthy, expensive, and stressful process that is litigation. We understand. Others want their day in court and would like to litigate their claim. We understand that too. Typically, most claims will begin with a negotiation period, during which your lawyer will work with the defendant or their insurance company to come to an agreement about the settlement amount. At times, this agreement cannot be reached, and a case will need to be resolved in court. Reasons for this include:
- The defendant (or their insurance company) will not offer a settlement.
- The defendant will only offer an unreasonable settlement.
- The plaintiff wants to go to trial.
- The liability or damages of the claim are disputed.
It’s rare that a case needs to go to trial, but a well-prepared attorney will treat every case as if it is, and take the utmost care in researching and investigating your case.
How Long Will a Lawsuit Take?
It depends on the specifics of your case. If there are factual or legal issues, or it concerns a large amount of compensation, it can drag on for months or years. Similarly, your recovery can delay your case, since it is important for your full medical costs to be considered into your settlement or verdict amount. If you’re not fully recovered, it can be difficult to predict the costs of your treatment.
How Long Do I Have to File a Claim?
The statute of limitations, or the deadline before which you can file a claim varies from state-to-state. In Ohio, the statute of limitations is two years from the date of your injury. Failing to file a claim before this date means that it is highly unlikely that your claim will be allowed.
If you’re looking for a personal injury law firm with experience and success on their side,
Call Williams DeClark Tuschman Co., L.P.A. at 419.318.0772 for your free case review.